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F-Paris: Exploitation de services aériens réguliers

Invitation to tender issued by France pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the operation of scheduled air services from Strasbourg

(2006/C 248/18)

1.   Introduction: Pursuant to Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, France has imposed public service obligations on scheduled air services between Strasbourg and Amsterdam, central England, Copenhagen, Frankfurt, Madrid, Milan, Prague, Warsaw and Vienna, duly published as required in the ‘Official Journal of the European Union’ No C 246 of 13.10.2006.

Separate invitations to tender are being issued for each of the following routes:

Strasbourg-Amsterdam,

Strasbourg-Centre de l'Angleterre (Manchester ou Liverpool ou Leeds),

Strasbourg-Copenhague,

Strasbourg-Frankfurt,

Strasbourg-Madrid,

Strasbourg-Milan (Malpensa/Linate/Bergame),

Strasbourg-Prague,

Strasbourg-Warsaw,

Strasbourg-Vienna.

If on 25 February 2007 no air carrier has commenced or is about to commence operating the routes in question in accordance with the public service obligation imposed on each of the above routes and without requesting financial compensation, France has decided, in accordance with the procedure laid down in Article 4(1)(d) of the above-mentioned Regulation, to limit access to each of these routes to a single carrier and, after the invitation to tender, to offer the right to operate such services from 25 March 2007 until the day before the start of the IATA 2010 summer scheduling season, i.e. 27 March 2010.

Tenderers may present bids to operate several of the above-mentioned routes, particularly where this results in a reduction in the overall compensation required. However, they must set out clearly the amount of compensation required in respect of each route, where appropriate specifying different rates depending on which parts of their bid are accepted, in the event that they are awarded a contract for just one of the routes for which they have bid.

2.   Subject of the invitations to tender: For each of the routes listed in paragraph 1 above, operation from 25 March 2007 of scheduled air services in accordance with the relevant public service obligation, as published in the ‘Official Journal of the European Union’ No C 246 of 13.10.2006

3.   Participation in the tender procedure: Participation is open to all Community air carriers who hold a valid operating licence issued in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers.

4.   Tender procedure: Each invitation to tender is subject to the provisions of Article 4(1)(d), (e), (f), (g), (h) and (i) of Council Regulation (EEC) No 2408/92.

5.   Tender file: The full tender dossier, including the specific rules for this invitation to tender and the public service delegation agreement and its technical annex (note on demographic and socio-economic features of Strasbourg airport catchment area, note on Strasbourg airport, market study, note on the European Parliament, text of the public service obligation published in the ‘Official Journal of the European Union’), is obtainable free of charge from:

Ministère des affaires étrangères, direction des affaires budgétaires et financières, sous-direction du budget et des interventions financières, bureau des interventions, 23, rue la Pérouse, F-75775 Paris Cedex 16. Tel. (33-1) 43 17 66 42 Fax: (33-1) 43 17 77 69. E-mail: jean-louis.girodet@diplomatie.gouv.fr.

6.   Bank guarantee: A bank guarantee payable when the budget item is created totalling 10 % of the amount of compensation requested must be lodged by a bank established in the European Union with a Standard and Poors long-term rating of A+ (or the equivalent). It will ensure that the contract is duly carried out throughout the term of the contract with the successful bidder and will be taken up only when the books are finally closed.

7.   Financial compensation: Tenders must explicitly state the amount of compensation required for the operation of each route for the planned duration of the contract, with three breakdowns for the following periods: one statement from 25 March 2007 to 29 March 2008, a second statement from 30 March 2008 to 28 March 2009 and a third statement from 29 March 2009 to 27 March 2010. The exact amount of compensation finally granted will be determined for each period ex-post on the basis of the proven costs and revenue actually generated by the service, within the limits of the amount given in the tender.

8.   Fares: Tenders must indicate the proposed fares and the conditions under which changes may be introduced.

9.   Duration, amendment and termination of the contract: The contract will begin on 25 March 2007. It will end the day before the start of the IATA 2010 summer scheduling season, i.e. on 27 March 2010. The operation of the contracted services will be the subject of an examination in cooperation with the carrier at the end of each of the three periods specified in Article 7. The amount of the compensation may be revised in the event of unforeseen changes in operating conditions.

The carrier selected must give six months' notice before discontinuing the services, in accordance with the public service obligations published in the ‘Official Journal of the European Union’ No C 246 of 13.10.2006.

10.   Penalties: Failure by the carrier to observe the period of notice referred to in point 9 will be subject to a penalty. This is calculated by applying:

in the first period, from the start of the contract to 29 March 2008, a coefficient of three to the average monthly deficit recorded over the first operating months multiplied by the number of months of default;

in the second period from 30 March 2008 to 28 March 2009, a coefficient of three to the average monthly deficit recorded over the previous period multiplied by the number of months of default;

in the following year, a coefficient of three to the average monthly deficit recorded over the previous period multiplied by the number of months of default.

If the carrier should be prevented from operating the service in question by force majeure, the amount of financial compensation may be reduced in proportion to the number of flights not carried out.

In the event that the carrier fails to operate the service in question for reasons other than force majeure, or fails to respect the public service obligations, the Strasbourg Chamber of Commerce and Industry or the Ministry of Foreign Affairs may:

reduce the amount of financial compensation in proportion to the number of flights not carried out;

ask the carrier for explanations. If the explanations offered are not satisfactory, the contract may be terminated.

These penalties shall apply without prejudice to the application of Article R.330-20 of the Civil Aviation Code.

11.   Presentation of tenders: Tenders must reach the following address before 17:00 (local time):

Ministère des affaires étrangères, direction des affaires budgétaires et financières, sous-direction du budget et des interventions financières, bureau des interventions, 23, rue La Pérouse, F-75775 Paris Cedex 16,

at the latest five weeks after the date of publication of this invitation to tender in the Official Journal of the European Union, and must be sent by registered letter with acknowledgement of receipt, date as on the receipt, or delivered by hand with acknowledgement of receipt.

12.   Validity of the invitation to tender: In accordance with the first sentence of Article 4(1)(d) of Council Regulation (EEC) No 2408/92, the validity of each invitation to tender is subject to the condition that no Community carrier presents by 25 February 2007 a programme for operating the route in question from 25 March 2007 in accordance with the public service obligation imposed, without requesting any financial compensation.

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